Ticket for speeding on motorway

jaydeeuk1

bigdave196 wrote: »

I'm not 100% certain, but I'm fairly certain that anything over 100MPH is an automatic ban no matter what the circumstances are

I think if you're a copper, driving an astra VXR and off duty trying to get back in time for dinner that the wife has made, you're allowed to go 159mph, but not a digit over.

aisha13

Lum wrote: »

£1000 and 6 points is the maximum for a speeding offence.

Sorry but I wasnt talkin abt how many points i can get n whats the maximum penalty charge for speeding. I was talkin abt how much my insurance could go up.

JimmyTheWig

Wig wrote: »

you are saving having to declare it on insurance policies in the future

Surely this would be withholding a material fact, wouldn't it?

aisha13

Lum wrote: »

However it is still true that the higher fine and points could apply as this is largely down to how much you annoy the magistrate. Since the OP is Polish this likely depends on whether the magistrate is a Daily Mail reader or not.

Hm.... What do you mean by that?

aisha13

Wig wrote: »

Aisha, OP,

As said already they had about 3 weeks until 6 October to lay your papers before a court. As I see it, your constant contact with them is making your case come to the top of their pile, so they may very well lay your papers.

I also think they have had 2 weeks already and your case may already be laid. But as they have not mentioned it on the phone 2 days ago... maybe not.

Do you like a gamble?

You could pay your fine £60 and take 3 points
Or
You could opt to go to court (by doing nothing) ...and hope that they will not get around to it in time, they only have 4 working days left to do it.

If it goes to court you will get 3 points IMHO, and your fine maybe around the £200 - £250

If it doesn't go to court you pay nothing and you get no points.

If I was you (I don't mind a gamble) I would definately just do nothing, don't contact them again, stop contacting them, every time you contact them you are making them aware of your case.

The difference between paying now (£60) and paying in court £200 - £250 means if you do end up in court you will have lost between £140 - £190 To me, that's no big deal and well worth the gamble, because you are not only saving yourself money & points but you are saving having to declare it on insurance policies in the future and you are keeping a clean licence which would have had those 3 points on it for the next 5 years. (yes pedants, 5 years, because they won't remove them for 5 years, even though they are only valid for 4 years.)

If you hear nothing further from them during October you have won.
If you go to court just do your best, ask pepipoo for advice on how to defend yourself. and pay the money if you lose, no big deal.

When I used to get caught* speeding (and my partner did aswell) Every NIP we got (about 6 in total) we dealt with in this way, and we always timed out, never got taken to court, and never had to pay or get points. But then I never did what you have done.... sending them letters and phonecalls

YOU DECIDE

You only have 4 days to go (6th Oct) and you may already be too late. If you decide to gamble.... Good Luck!

*Please note the past tense anyone who is thinking of saying something about me & speeding.

Thank you for your response
I would like to ask one question. Can you please tell me where is it written that they have 6 months to laid my case in court?
Does it mean that they have 6 months from the date I have exceeded a limit?
Again all dates of all mine/their letters:
1. 05/05/2011 speed awareness scheme (first letter they did send to me to say that I exceeded a speed limit on 06/04/2011)
2. 17/05/2011 me asking for evidence
3. 20/05/2011 them saying that they have received my letter
4. 01/06/2011 them sending me photographic evidence
5. 08/06/2011 (not sure if its exact date) me asking for camera certificate
6. 14/06/2011 them sending me again photographic evidence with link to goSafe website for camera certificate. Also it this letter says that Course provider TTC will contact me shortly regarding the SAC.
7. 18/08/2011 COFP received.
8. 31/08/2011 Me saying that I would like to attend SAC instead of paying penalty charge and penalty points on my driving licence.
9. 05/09/2011 them said that they received my letter.
10. 12/09/2011 them saying my course had been expired
11. 28/09/2011 I phoned them to say I would like to attend SAC n that I have not received a letter from TTC.
Also the lady on the phone said that I have to write a letter to them because she can not do anything if she doesn't see it in written.

Lum

aisha13 wrote: »

Hm.... What do you mean by that?

I meant no offence to you, if that is what you are concerned about.

Basically a magistrate is not a legal professional in the way that a Judge or a lawyer is, and a magistrates court has no jury, just a legal advisor to the magistrate, yet they have the freedom to vary the punishment between the minimum and the maximum and they don't really need to justify this.

Basically this means you can end up getting fined more simply because the magistrate is in a bad mood that day, or because they just take a dislike to you, or because they are one of those people who think all cars are evil.

It's one aspect of the British legal system that I'm really not happy about.

Trebor16

Aisha,

With a summary offence like speeding there is a statutory time limit for the authorities to lay the information with the court. Section 127 of the Magistrates Court Act 1980 states that for all summary offences the information must be laid before the court within 6 months of the commission of the offence.

aisha13

Lum wrote: »

I meant no offence to you, if that is what you are concerned about.

Basically a magistrate is not a legal professional in the way that a Judge or a lawyer is, and a magistrates court has no jury, just a legal advisor to the magistrate, yet they have the freedom to vary the punishment between the minimum and the maximum and they don't really need to justify this.

Basically this means you can end up getting fined more simply because the magistrate is in a bad mood that day, or because they just take a dislike to you, or because they are one of those people who think all cars are evil.

It's one aspect of the British legal system that I'm really not happy about.

Can I "not agree" with magistrate and take him/her to court for being for example racist towards me or something like that? LOL:)
Probably it will cost me more... and its not worth it....

aisha13

Trebor16 wrote: »

Aisha,

With a summary offence like speeding there is a statutory time limit for the authorities to lay the information with the court. Section 127 of the Magistrates Court Act 1980 states that for all summary offences the information must be laid before the court within 6 months of the commission of the offence.

So it means that they have 6 more days to lay my case with the court. If they do not do so I can relax LOL...
Is that correct?
How do I know they did lay my case with court before 6th of October?

Trebor16

Yes, that is correct.

The only way you could find out is to contact them and enquire what is happening. Otherwise the first you might know is when a summons arrives in the post.

As long as the information is laid with the court within six months of the date of the offence then it doeasn't matter if the summons reaches you outside of the six months.